Thursday, 25 June 2015

Therapeutic Misadventure

Therapeutic Misadventure is an unintentional act by doctor ,staff or hospital.

-- 3 types :

Purely Therapeutic

Experimental

Diagnostic

 

 

II. Medical mal-occurrence on the other hand is act of God (absolute defence against Malpraxis, if proved )

 

III. Therapeutic Privilege

     –   It is an exception to rule of full disclosure.

     –   It is mainly used in cases of Frank Psychosis 

     -   In circumstances its not possible to disclose everything about the illness, procedures and T/t

 

IV. Sec. 90 IPC defines the criteria to give valid consent

Sec. 89 IPC : Age above 12 yrs for non invasive

Sec 88 IPC.  consent for invasive procedures/surgery18 years

 

Doctrine of Locoparentis : consent can be taken from accompanying person(in case parents/guardians not available)

V. Doctrine of NON-FIT-INJURIA : If an indivi­dual gives consent to suffer any harm or injury, he cannot claim damage for the same.

 

VI. Vicarious Liability : An employer is responsible not only for his negli­gence but also for the negligence of his employees, if such negligence occurs in course of employment and within its scope, by the principle of respon­dent superior* (let the master answer).

 

VII. Diminished Liability : In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired.

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